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RE: [wg-review] Why is it BC and TMC Members don't want their own TLDs?


Perhaps the answer to the trademark dilema is to look at the individual business and the purpose of the web site. 
 
1) Create a .tm domain that will enable all businesses to register their trademarked name.  (Nissan.tm, Compaq.tm etc...)  The typical "first come first served" approach would not be used here.  The .tm domain would allow that any business with a trademark could have web site named in accordance with their trademark. 
 
 2)  As new "industry specific" domains become available (like .aero, .travel .auto or whatever) preference can be given to businesses whose trademarked name coincides with a particular industry.  For example;  In the case of Nissan.auto the right of first refusal would be given to the nissan automotive group if Mr. Nissan attempted to register Nissan.auto to sell computers.  Rather than simply registering the name, a company would have to submit an application for that domain name.  Industry regulatory organizations (like IATAN, in the case of .travel) would be responsible for determining whose application has the most standing.
 
3)  ICANN, DNSO, NC etc would be responsible for coming up with the definition of each new "industry specific tld" and the industry that it applies to as well as determining which industry organizations would be responsible for processing applications.
 
This is a rough proposal that needs some work but I Would be interested in hearing what everyone elase thinks.  Is it feesible?
-----Original Message-----
From: owner-wg-review@dnso.org [mailto:owner-wg-review@dnso.org]On Behalf Of FRupp@aol.com
Sent: Sunday, January 14, 2001 7:05 PM
To: wg-review@dnso.org
Subject: [wg-review] Why is it BC and TMC Members don't want their own TLDs?

IMO if the BC and TMC Members had their own TLD's instead of a SLD in a
gTLD....
we wouldn't be having any problems ....

This is what they are wanting...exercisable control over their DOMAIN'...if
we are to believe their reasoning for the Constituencies Existing...

If [they] (all "large" businesses represented in the BC and/orTMC) were made
to run their own Top Level Domain and allowed 1 SLD .com (the exact Name of
their Main Company)

There could be [no] confusion...and they would only be fighting (very Little)
amongst themselves for the TLD...sure there would still be a few cases of
True cybersquatting in SLD of gTLDs but we wouldn't have the issue of
[similarity conflagration] to the extent that there is...or a need for a
(only half thought out) UDRP with non uniform decisions.

gTLDs to me mean just that Generic....anyone has the right to use them for
whatever they want...the SLD is their choice and since its' a SLD [not a TLD]

A Famous Mark company should be able (preferably made) to have a (Business)
bTLD or tmTLD [their Name or (TM) as their TLD].

Running their own TLD would be Cheaper in the long run than the (court and
legal fees) they expend under the present DN structure and Rules.

*if* you believe traditional trademark law is applicable to the net give them
a place on the net that it could be viewed reasonably as such.

Why have the BCs and TMC avoided this solution?

The (relatively small) Cost of running their own small TLD? No...I don't
think so...

There should be someone on this list that can answer this Question...
Karl?
Roeland?
Joop?
Ken S.?
Jefsey?
Kent?
MS?

Regards
Forrester Rupp




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